GDC report on the dental professionals who died while fitness to practise concerns were investigated or remediated.

This recent report published this month makes grim and unhappy reading not only for the dental profession but for all healthcare regulators.

Clearly being the subject of an investigation by your regulator is a stressful experience for anyone, however current processes and the inordinate amount of time that most regulators take to progress matters impacts heavily and takes its toll on those individuals under investigations.

Whilst the decision to commission the report is commendable, details of what the GDC have agreed to work on in 2025 may be considered surprising. For example, they aim to improve communication and practical support for those under investigation and plan to be mindful of:

• Additional stressors and pressures are experienced by dental professionals when concerns are raised, for example, issues relating to employment.
• Feelings of stress and anxiety are likely to be experienced from the moment a dental professional has been notified that an investigation has been opened.
• Health and wellbeing impacts can permeate to those around the dental professional involved, which can also be an additional stressor.

Surely any regulator would already, as a basic principle, be mindful of the issues outlined above and would not need to have a plan in place to ensure staff are aware and, in essence, treat registrants with a level of compassion.

The previous report, ‘Experiences of GDC Fitness to Practise Participants’ published in 2022 made the GDC aware of issues in the process and that ‘the experience had a negative impact on the dental professional’s state of mind’ yet 2+years on, little has changed.

Furthermore, the engagement of stakeholders for this latest report is extremely limited and legal representatives of registrants involved in investigations and hearings have not been consulted.

Aside from registrants themselves, their legal representatives are uniquely placed to provide input that could inform meaningful change to Fitness to Practise proceedings as they are in communication at regular intervals with those processing investigations and deal almost daily with those under investigation and see at first hand the impact it has on their clients’ personal and professional life.

Unique and practical courses focusing on impairment, reflection, insight, and remediation at highly competitive prices.

Kings View Chambers

We are leaders in fitness to practise defence

Kings View Chambers has over 30 years’ combined experience representing heath and care professionals at all levels.  We are a leading fitness to practise defence chambers that have a proud record of consistently achieving excellent outcomes for our clients.

We are proud to be rated excellent by our clients. As public access barristers, you can instruct us directly without having the additional expense of hiring a solicitor.

Speak to me today for a free, no obligation assessment of your case.

Is legal representation the answer?

It is widely accepted and proven that legal representation makes a real difference to the outcome of investigations and results in lesser sanctions for doctors.

What is also unquestionably clear is that GMC investigations and MPTS hearings are complex, daunting, prolonged and legalistic leaving doctors stressed and anxious.  Where legal advice and representation can have the biggest impact on this, is helping doctors understand the process, what to expect and how to engage with the GMC during an investigation and hearing.

Research has shown that registrant’s engagement and legal representation can impact on decisions about seriousness, and that the lack of legal representation has been identified as being associated with more severe sanctions outcomes in fitness to practise cases, stating:

“Legal representation was seen as important by participants because legal advice could support and guide registrants through the FtP process, which is complex and legalistic. Legal advice was seen as important in aiding registrants to understand regulators’ expectations, especially in terms of the need for registrants to demonstrate insight and perhaps to show evidence of remediation activities. Lack of legal representation was, therefore, seen to potentially have an impact in terms of the seriousness of the outcome for registrants who are perhaps unaware of how to present their case to best effect.”

 A compassionate approach to legal representation

The right legal advice and representation is not just about the legalities and technicalities of a case.  Our barristers fully understand the stress and anxiety that doctors experience during prolonged GMC investigations.

We also understand that we are working with people who are anxious and worried about what investigations might mean for them, their professions and the reputations.

We never lose sight of the human aspects of FtP investigations and hearings.  We will always give an open and honest assessment of cases, but we will marry that with an approach that also supports health and care professionals through the duration of a case.

“I was not optimistic about the case, I felt that it is a lost case that we couldn’t do much about and especially just before the start of the trial I lost my confidence and was very nervous. Mr McCaffrey was there to prove me wrong. He turned everything around in a victorious , panegyric manner. I was stunned.” – CL

Catherine is professional, empathic and very knowledgeable. She provided all the necessary assistance throughout the long thorough investigation. – AR

A colleague recommended me to Catherine. She was very experienced , professional, empathetic , non-judgemental and listened to me. – Mel

I found myself consumed with dark thoughts, isolated and afraid. Stephen worked with me and slowly but surely formulated a plan not to just to fight my case and win, but to build me back up bit by bit so as to prepare me to face external scrutiny and present with confidence to panels where this was necessary. – FJ

What you can Expect when Instructing Kings View

All clients are entitled to an initial, no obligation and free telephone consultation about their case.  During this consultation, we will outline the stages and next steps, including indicative timeframes and fixed price quotations for preparation and representation and confirmed in writing at each and every stage.

We understand that timescales are entirely dependent on the stage you are at in proceedings, what work needs to be done and dictated by internal investigations or hearing dates.  We always meet those timescales however should more time be needed, then we will apply for such on your behalf and with your permission.

Contact us today for a no obligation and free telephone consultation about your case in the knowledge that you are speaking to one of the best in the business.

Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.